Punishment/penalty for forgery in civil suit
Sekar
(Querist) 29 March 2016
This query is : Resolved
Hello Experts,
My uncle has filed a civil suit on me by presenting a forged will (unregistered) of my grandmother.
I have registered will of my grandmother, her signature on her passport which shows her signatures. A visual look itself shows that signatures on unregistered will are completely different - fake - forged.
What I want to know is that
What is the maximum punishment or penalty that a Civil Court can impose in such cases?
Can I claim any damages once the Civil Court decides its a forged will ?
Kunal Godhwani
(Expert) 29 March 2016
Civil Court will not impose any punishment, you have to make an appication u/s 340 IPc read with section 195 of crpc, stating that an offence has been committed before this court and then the Ld. civil judge will send the matter to magistrate and thereafter criminal law will be set in motion.
J K Agrawal
(Expert) 30 March 2016
well advised.
in addition
You can even file a criminal complaint directly to police or to the concerning magistrate.
After wining the civil suit you can file a damages suit before the civil court and claim any actual loss to you by this false case.
After judgment in your favor, you can file one more case that is filing a false case in court, creating false document, using false document knowing as such.